Overview of Subsistence Salmon Fisheries in the Tyonek Subdistrict and Yentna River, Cook Inlet, Alaska

Special Publication No. BOF 2011-01

by Davin Holen and James A. Fall

February 2011 Alaska Department of Fish and Game Division of Subsistence

Symbols and Abbreviations The following symbols and abbreviations, and others approved for the Système International d'Unités (SI), are used without definition in the reports by the Division of Subsistence. All others, including deviations from definitions listed below, are noted in the text at first mention, as well as in the titles or footnotes of tables, and in figure or figure captions. Weights and measures (metric) General Measures (fisheries) centimeter cm all commonly-accepted abbreviations fork length FL deciliter dL e.g., Mr., Mrs., AM, PM, etc. mideye-to-fork MEF gram g all commonly-accepted professional mideye-to-tail-fork METF hectare ha titles e.g., Dr., Ph.D., R.N., etc. standard length SL kilogram kg Alaska Administrative Code AAC total length TL kilometer km at @ liter L compass directions: Mathematics, statistics meter m east E all standard mathematical signs, symbols milliliter mL north N and abbreviations millimeter mm south S alternate hypothesis HA west W base of natural logarithm e Weights and measures (English) copyright © catch per unit effort CPUE cubic feet per second ft3/s corporate suffixes: coefficient of variation CV foot ft Company Co. common test statistics (F, t, χ2, etc.) gallon gal Corporation Corp. confidence interval CI inch in Incorporated Inc. correlation coefficient (multiple) R mile mi Limited Ltd. correlation coefficient (simple) r nautical mile nmi District of Columbia D.C. covariance cov ounce oz et alii (and others) et al. degree (angular ) ° pound lb et cetera (and so forth) etc. degrees of freedom df quart qt exempli gratia (for example) e.g. expected value E yard yd Federal Information Code FIC greater than > id est (that is) i.e. greater than or equal to ≥ Time and temperature latitude or longitude lat. or long. harvest per unit effort HPUE day d monetary symbols (U.S.) $, ¢ less than < degrees Celsius °C months (tables and figures): first three less than or equal to ≤ degrees Fahrenheit °F letters (Jan,...,Dec) logarithm (natural) ln degrees kelvin K registered trademark ® logarithm (base 10) log trademark ™ hour h logarithm (specify base) log2, etc. minute min United States (adjective) U.S. minute (angular) ' second s United States of America (noun) USA not significant NS U.S.C. United States Code null hypothesis HO Physics and chemistry U.S. state use two-letter abbreviations percent % all atomic symbols (e.g., AK, WA) probability P alternating current AC probability of a type I error (rejection of the ampere A null hypothesis when true) α calorie cal probability of a type II error (acceptance of direct current DC the null hypothesis when false) β hertz Hz second (angular) " horsepower hp standard deviation SD hydrogen ion activity (negative log of) pH standard error SE parts per million ppm variance parts per thousand ppt, ‰ population Var volts V sample var watts W

SPECIAL PUBLICATION NO. BOF 2011-01

OVERVIEW OF SUBSISTENCE SALMON FISHERIES IN THE TYONEK SUBDISTRICT AND YENTNA RIVER, COOK INLET, ALASKA

Davin Holen, Alaska Department of Fish and Game, Division of Subsistence, Anchorage

and

James A. Fall Alaska Department of Fish and Game, Division of Subsistence, Anchorage

Alaska Department of Fish and Game Division of Subsistence 333 Raspberry Road Anchorage, Alaska 99518

February 2011

The Division of Subsistence Special Publications series was established for the publication of techniques and procedure manuals, informational pamphlets, special subject reports to decision-making bodies, symposia and workshop proceedings, application software documentation, in-house lectures, and other documents that do not fit in another publications series of the Division of Subsistence. Most Special Publications are intended for readers generally interested in fisheries, wildlife, and the social sciences; for natural resource technical professionals and managers; and for readers generally interested the subsistence uses of fish and wildlife resources in Alaska. Special Publications are available through the Alaska State Library and on the Internet: http://www.adfg.alaska.gov/sf/publications/. This publication has undergone editorial and professional review.

Davin Holen, Alaska Department of Fish and Game, Division of Subsistence, 333 Raspberry Rd., Anchorage, AK 99518 USA

James A. Fall, Alaska Department of Fish and Game, Division of Subsistence 333 Raspberry Rd., Anchorage, AK 99518 USA

This document should be cited as: Holen, D. and J. A. Fall. 2011. Overview of subsistence salmon fisheries in the Tyonek Subdistrict and Yentna River, Cook Inlet, Alaska. Alaska Department of Fish and Game Division of Subsistence Special Publication No. BOF 2011-01, Anchorage.

The Alaska Department of Fish and Game (ADF&G) administers all programs and activities free from discrimination based on race, color, national origin, age, sex, religion, marital status, pregnancy, parenthood, or disability. The department administers all programs and activities in compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (ADA) of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972. If you believe you have been discriminated against in any program, activity, or facility please write: ADF&G ADA Coordinator, P.O. Box 115526, Juneau AK 99811-5526 U.S. Fish and Wildlife Service, 4040 N. Fairfax Drive, Suite 300 Webb, Arlington VA 22203 Office of Equal Opportunity, U.S. Department of the Interior, Washington DC 20240 The department’s ADA Coordinator can be reached via phone at the following numbers: (VOICE) 907-465-6077, (Statewide Telecommunication Device for the Deaf) 1-800-478-3648, (Juneau TDD) 907-465-3646, or (FAX) 907-465-6078 For information on alternative formats and questions on this publication, please contact: ADF&G Division of Subsistence at http://www.adfg.alaska.gov/index.cfm?adfg=subsistence.main.

TABLE OF CONTENTS Page LIST OF TABLES ...... ii LIST OF FIGURES ...... ii ABSTRACT ...... 1 INTRODUCTION ...... 1 PART ONE: SUBSISTENCE SALMON HARVESTS, TYONEK SUBDISTRICT AND YENTNA RIVER ...... 2 Tyonek Subdistrict Subsistence Salmon Fishery ...... 2 History and Regulations ...... 2 Harvest Assessment Methods ...... 3 The 2009 Season ...... 3 Household Baseline Survey Findings ...... 3 Upper Yentna River Subsistence Fish Wheel Fishery ...... 4 History and Regulations ...... 4 Harvest Assessment Methods, Harvests in 2009, Preliminary Results from 2010 ...... 5 Part One Tables and Figures ...... 5 PART TWO: CUSTOMARY AND TRADITIONAL USE WORKSHEET FOR THE TYONEK SUBDISTRICT PROVIDED TO THE ALASKA BOARD OF FISHERIES IN 1992 ...... 17 PART THREE: HISTORICAL BACKGROUND INFORMATION FOR CUSTOMARY AND TRADITIONAL USE DETERMINATION FOR THE YENTNA RIVER FISHERY ...... 26 Original Material Provided to the Alaska Board of Fisheries, 1998 ...... 26 Supreme Court of Alaska: Payton vs State of Alaska, 1997 ...... 52 Payton Decision Impact on Alaska Board of Fisheries C&T Determination, Lance Nelson, Assistant Attorney General, 1999 ...... 63 Selections from the Subsistence and Personal Use Committee Report, 1998 ...... 64 REFERENCES CITED ...... 72

LIST OF TABLES Table Page 1. Subsistence salmon harvests by community, permit returns, Tyonek Subdistrict, 2009...... 5 2. Historical subsistence salmon harvests, Tyonek Subdistrict, permit returns, 1980–2009...... 6 3. Population estimates, Skwentna and Alexander/Susitna ...... 7 4. Subsistence salmon harvests by community, Upper Yentna River, 2009...... 7 5. Historical personal use and subsistence salmon harvests, Upper Yentna River, 1996–2010...... 8

LIST OF FIGURES Figure Page 1. Map of the Anchorage–Matsu–Kenai Nonsubsistence Area...... 9 2. Harvest of king salmon by setnet in the Tyonek subdistrict subsistence fishery, baseline survey, 2006...... 10 3. Species composition of subsistence salmon harvest Tyonek Subdistrict subsistence salmon fishery, 2009...... 11 4. Total reported harvests of salmon in Tyonek Subdistrict subsistence fishery, permit returns, 1980– 2009...... 11 5. Total reported harvests of king salmon in the Tyonek Subdistrict fishery, permit returns, 1980–2009...... 12 6. Harvests of king salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2006...... 13 7. Harvests of coho salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2005–2006...... 14 8. Harvests of sockeye salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2006...... 15 9. Place of residence of Yentna River personal use and subsistence fish wheel permit holders, 1996– 2010...... 16 10. Total harvests of salmon in the Yentna fish wheel fishery, 1996–2010...... 16

ABSTRACT This report provides background on the subsistence harvest and uses of salmon in the Tyonek Subdistrict and Yentna River, in Upper Cook Inlet, Alaska. Both of these fisheries are important for residents of Tyonek and Skwentna, as well as for subsistence fishers in Cook Inlet in general. This report also provides background for the Alaska Board of Fisheries to review the history of the customary and traditional use findings for these fisheries. Key words: Subsistence fishing, Tyonek, Skwentna, Yentna River, sockeye salmon, king salmon, Chinook salmon, Board of Fisheries.

INTRODUCTION This report has been prepared for the Alaska Board of Fisheries (BOF) for reference when considering proposals with implications for subsistence fisheries during its February–March 2011 meeting, especially proposals 102, 103, and 270. In order to maintain consistency with regulatory language, “king salmon” shall be used throughout this report to also mean “Chinook salmon.” This report is divided into 3 parts. Part One contains a review of the harvest of salmon Oncorhynchus in the subsistence fisheries in the Tyonek Subdistrict and in the Yentna River, both in Upper Cook Inlet (UCI), Alaska. The most recent finalized harvest assessment data available for the Tyonek subsistence fishery are for 2009. The Alaska Department of Fish and Game (ADF&G) Division of Subsistence is still receiving returned permits from the 2010 fishing season for the Tyonek fishery. For the Yentna River subsistence fishery, the most recent data are for 2010; however, for purposes of comparison, the 2009 harvest assessment will be included, followed by a discussion of the 2010 harvest assessment. This section also includes a brief overview of a 2006 subsistence baseline harvest survey conducted by the division in Tyonek. This baseline harvest survey collected household data about wild resource harvests and uses, including maps of subsistence salmon harvest locations in the Tyonek Subdistrict fishery. Part Two of this report contains the customary and traditional (C&T) use worksheet for the Tyonek subsistence salmon fishery previously presented to the BOF in 1992. Part Three contains information about the Yentna subsistence salmon fishery previously presented to the BOF in 1996 and 1998. These two sections contain as much original material as possible. Also included in Part Three are selections from the Subsistence and Personal Use Committee report from the February 1998 BOF meeting. The committee report summarizes the committee’s discussion of the C&T finding for the Yentna River subsistence fishery. Other than updated harvest and other data from subsistence permits, the Division of Subsistence has no new information relevant to the 8 C&T criteria for either fishery. As shown in Figure 1, most of the waters of the Cook Inlet Management Area are within the Anchorage– Matsu–Kenai Nonsubsistence Area as established by the Joint Board [5 AAC 99.015 (3)]. Because subsistence fisheries are not permitted within nonsubsistence areas, noncommercial harvesting opportunities occur under sport, personal use, and educational fishing regulations. Commercial harvesters may retain finfish from lawfully taken commercial catch for home use (“home pack”). These fish are required to be reported on the commercial fish ticket, not on the subsistence salmon permit. In some parts of Alaska, in addition to gear authorized under subsistence fishing regulations, subsistence users report that substantial numbers of fish for home uses are taken with rod and reel (Fall et al. 2009), which is allowable gear under sport fishing regulations. Harvest summaries for the personal use, sport, educational, and commercial fisheries of the UCI Management Area can be found in annual management reports prepared by the ADF&G divisions of Sport Fish and Commercial Fisheries.

Waters outside the nonsubsistence area include the Tyonek Subdistrict; the western portion of the Susitna River drainage; waters north of Point Bede that are west of a line from the easternmost point of Jakolof Bay and north of the westernmost point of Hesketh Island, including Jakolof Bay, and that are south of a line west of Hesketh Island; and those waters south of Point Bede which are west of the easternmost point of Rocky Bay, in Lower Cook Inlet. Communities within the areas excluded from the nonsubsistence area include Skwentna (population 73 in 2009), Tyonek (population 166), Beluga (population 24), Seldovia [population 407 in the city and village Census Designated Place (CDP)], Port Graham (population 137) and Nanwalek (formerly called English Bay, population 226). The population of the entire Cook Inlet area in 2009 was 422,941, including the Municipality of Anchorage (population 290,588), the Kenai Peninsula Borough (48,039), and the Matanuska-Susitna Borough (84,314). This represented 61% of the state’s total population in 2009 (ADLWD 2010). PART ONE: SUBSISTENCE SALMON HARVESTS, TYONEK SUBDISTRICT AND YENTNA RIVER TYONEK SUBDISTRICT SUBSISTENCE SALMON FISHERY History and Regulations Subsistence salmon fishing regulations for the Tyonek Subdistrict setnet fishery, in the Northern District of the UCI Management Area, were established by court order in 1980 and subsequently permanently adopted by the BOF following a positive C&T finding in 1981. The subdistrict includes the waters of the Northern District within mean lower low tide from a point 1 mile south of the southern edge of the Chuitna River south to the easternmost tip of Granite Point (Figure 2). This figure also shows the location of king salmon harvests recorded during a Division of Subsistence baseline harvest assessment survey in 2006. The lands adjacent to the Tyonek Subdistrict are owned by the Tyonek Native Corporation. For a detailed discussion of this fishery and other subsistence uses at Tyonek, see Fall et al. 1984, Fall 1989, Stanek et al. 2006, and Stanek et al. 2007. The BOF has found that salmon in the Tyonek Subdistrict are customarily and traditionally used for subsistence (a “positive” C&T finding, at 5 AAC 01.566). In a November 1992 administrative finding, the BOF established the following amounts as reasonably necessary for subsistence (ANS): 750–2,750 king salmon, 100–275 sockeye salmon, 50–100 chum salmon, 50–100 pink salmon, and 100–375 coho salmon. These ranges were based on reported harvests from 1980 through 1992. The board has not adopted this ANS finding in regulation. The 1992 C&T worksheet has been included in this report as Part Two. Subsistence fishing is open during 2 seasons per year. The early season, which runs from May 15 through June 15, is open for 3 periods per week—Tuesdays, Thursday, and Fridays—and for 16 hours per period, from 4:00 a.m. through 8:00 p.m. The late season, which runs from June 16 through October 15, is open for 1 period per week—Saturdays—and for 12 hours, from 6:00 a.m. to 6:00 p.m. A subsistence fishing permit is required and there are separate permits for each season of the fishery. The permit is a household permit. The total annual possession limit for each permit is 25 salmon per head of household and 10 salmon for each dependent of the household member. In addition, the holder of a Tyonek permit may take 70 additional king salmon, but no more than 4,200 king salmon may be taken from May 15 through June 30. If 4,200 king salmon have been taken in the early season, the early season closes by emergency order (EO) and the late season cannot open until July 1. In the more than 30 years of operation of this subsistence fishery, 4,200 king salmon have never been reported harvested on returned permits (see The 2009 Season, below). Allowable gear for the Tyonek Subdistrict subsistence salmon fishery includes set gillnets 10 fathoms in length, no deeper than 45 meshes, and a stretched mesh sized no larger than 6 inches. When fishing, permit holders are required to be present at the net site and must mark the salmon by removing both lobes

of the tail fin. Other standard permit conditions include gear marking requirements, prohibition of fishing within 600 feet of any part of another set gillnet, and prohibition of fishing within 300 feet of a dam, fish ladder, weir, culvert, or other artificial obstruction. No person may operate or assist in the operation of subsistence salmon net gear the same day that person operates or assists in the operation of commercial salmon gear, and gillnets may not be used in fresh waters. Harvest Assessment Methods Household permits are issued by the Division of Subsistence prior to fishing and harvests are recorded on the permits. As noted above, the fishing season is divided into 2 seasons and separate permits are necessary for each. For the early season fishery, Division of Subsistence staff travel to Tyonek each May and issue approximately 40–50 permits within several hours. Permits are also available in the Anchorage ADF&G office or in the offices of the Native Village of Tyonek; late season permits are issued from these 2 locations. Early season permits must be returned to the Division of Subsistence by July 10; late season permits are due by October 25. Reminder letters are sent in November to permittees who have not returned their permits. Reported harvests are not expanded in this fishery. The 2009 Season In 2009, 89 permits were issued for the Tyonek Subdistrict subsistence salmon fishery, including 62 permits issued to Tyonek residents (70%) and 27 permits issued to other Alaska residents (30%), mostly residents of Anchorage (19 permits; Table 1). Residents of Tyonek accounted for 86% of the reported harvest total (927 salmon), including 77% of the reported king salmon harvest (487 salmon). The 2009 reported harvest of 1,081 salmon was well below the historical average of 1,561 salmon, as well as the 5-year average of 1,273 salmon and the 10-year average of 1,323 salmon (Table 2). Of the total reported subsistence salmon harvest in 2009, 636 were king salmon (59%), 258 were coho salmon (24%), 184 were sockeye salmon (17%), 2 were chum salmon (<1%) , and 1 was a pink salmon (<1%; Figure 3). Between 1980 and 1988, harvests generally ranged between 2,000 and 3,000 salmon. Corresponding to a decline in Tyonek’s population, in the late 1990s, harvests dropped, and have ranged between about 1,000 and 1,500 salmon from 1990 to 2009 (Table 2, Figure 4, Figure 5). As shown in Table 2, participants in the Tyonek subsistence fishery have reported that king salmon comprised about 82% of the historical average total harvest of salmon. As reported to researchers during fieldwork in 2006 in Tyonek for the baseline survey, and again in 2010 during issuance of subsistence salmon permits, the participants in the Tyonek fishery are fishing longer and later in the season to meet their harvest goals; this extension of effort also leads to increased harvests of later-running fish, such as sockeye and coho salmon (Stanek et al. 2007). For example, the reported harvest of 258 coho salmon in 2009 was the second-highest reported harvest to date, and the harvest of 184 sockeye was the ninth-highest reported (Table 2). Household Baseline Survey Findings Results of a household baseline harvest survey conducted by the Division of Subsistence in Tyonek in 2006 illustrate the continuing significance of king salmon in the overall subsistence harvests by community residents (Stanek et al. 2007). Survey respondents reported that king salmon for subsistence uses were harvested in the setnet fishery, as allowed under subsistence regulations; by rod and reel in the sport fishery, especially in the Chuitna River (see Figure 6); and were removed from commercial harvests. During the 2005–2006 study year, 86% of the king salmon reported harvested by survey respondents were harvested in the subsistence fishery, 5% were harvested by rod and reel, and 9% were removed from commercial harvests (Stanek et al. 2007:92). Analysis of this baseline harvest survey data indicated king salmon made a major contribution to the overall harvest of wild resources in the

community of Tyonek. As estimated in pounds usable weight1, king salmon contributed 55% of the total harvests of wild resources for subsistence uses reported by Tyonek respondents in the 2005–2006 study year; other salmon contributed 14%. In a similar subsistence baseline harvest assessment for the study year of 1983, king salmon made up 67% of Tyonek residents’ subsistence harvest (Fall et al. 1984:60). Of all king salmon harvested for home use by Tyonek residents in the 2005–2006 study year, 70% were taken in subsistence setnets, 9% were removed from commercial harvests, and 13% were caught with rod and reel (Stanek et al. 2007:92). Figures 6, 7, and 8 show the locations Tyonek respondents to the survey used to harvest king, sockeye, and coho salmon in 2005–2006 (see also Stanek et al. 2007:117–119). These figures include salmon harvested by setnet under subsistence regulations and caught by rod and reel under sport fishing regulations. UPPER YENTNA RIVER SUBSISTENCE FISH WHEEL FISHERY History and Regulations The BOF first considered proposals to provide subsistence salmon fishing opportunities in a portion of the Yentna or Skwentna rivers in 1988 and made a negative C&T finding2 which focused on the lack of transmission of traditions about the fishery within multigenerational families and the relative short length of residency in the area by potential participants in the fishery, who were expected to be mostly residents of the Skwentna area. The BOF affirmed this negative finding in 1992 following the passage of the present state subsistence statute (AS 16.05.258). In response to another proposal in 1996, the BOF again affirmed its negative C&T finding but adopted regulations establishing a personal use fish wheel fishery in a portion of the Yentna River. In 1997, in Payton et al. v. State, the Alaska Supreme Court ruled that the BOF had erred in requiring transmission of fishing traditions through family lines, in focusing on the short length of time that current local residents had lived in the area, and in requiring that salmon be preserved by methods similar to those used in Alaska Native communities in the Cook Inlet area. The court remanded the issue to the BOF with additional instruction to review information about transmission of knowledge about the fishery across generations (but not necessarily within families who still resided in the area) that had been included in interviews and archival data collected and organized by the Division of Subsistence. During its meeting in February 1998, the BOF reviewed this and other information and made a positive C&T finding for Yentna River salmon stocks. The personal use fish wheel fishery established in 1996 became a subsistence fishery as a result of these BOF actions. Since 1998, the Division of Subsistence has conducted no new research that would update the information previously provided about the 8 criteria for consideration of C&T uses, as summarized in the 1996 worksheet and as supplemented by a synopsis of interviews and archival data. These documents have been provided in this report in Part Three. The only new data available are harvest records compiled from permit returns since 1996 (see below) and updated demographic data from the U.S. Census and Alaska Department of Labor and Workforce Development (Table 3). A permit is required to participate in this subsistence fishery. The open area is the mainstem Yentna River from its confluence with Martin Creek upstream to its confluence with the Skwentna River. The fishery is open from July 15 through July 31, from 4:00 a.m. to 8:00 p.m., Mondays, Wednesdays, and Fridays. The only legal gear is a fish wheel, which must be equipped with a live box. Permit holders must be present at the fish wheel while the wheel is fishing. The BOF has established a season limit of 2,500 salmon for the fishery. King salmon and rainbow/steelhead trout must be returned alive to the water. Household limits are 25 salmon for a household of 1, plus 10 salmon for each additional household member. Other standard permit conditions include prohibition of fishing within 300 feet of a dam, fish ladder, weir, culvert, or other artificial obstruction.

1 Per AS 16.09.094 (2); conversion factors in Stanek et al. 2007:70–71. 2 FB-124-88; see the Alaska Board of Fisheries website.

Harvest Assessment Methods, Harvests in 2009, Preliminary Results from 2010 Permits are available through the Division of Sport Fish offices in Palmer and Anchorage. Reported harvests are not expanded in this fishery. Seventeen subsistence permits were issued for the Yentna River subsistence fish wheel fishery in 2009 and all were returned (Table 4). In 2009, 7 of the 17 permit holders resided in the Skwentna area (41%), with the remaining 10 permits held by residents of other Cook Inlet area communities, particularly Wasilla (5 permits). Permit holders living in the community of Skwentna in 2009 harvested 89 of the reported 273 salmon, or 33% of the harvest (Table 4). Since the fishery began in 1996, Skwentna residents have obtained 54% of the issued permits, while residents of Anchorage made up 23% of the fishery and residents of the Matanuska-Susitna Valley 21% (Figure 9). The total harvest as reported on permit returns in 2009 was 273 salmon, including 253 sockeye salmon (93%), 14 coho salmon (5%), and 6 chum salmon (2%). There were no reported harvests of king or pink salmon. The 2009 harvest of 273 salmon was well below the 5-year average of 398 salmon, the 10-year average of 497 salmon, and the historical average of 524 salmon (Table 5 and Figure 10). Preliminary results of the 2010 fishery included in Table 5 show an increase in harvest compared to all previous years and notably higher than 2007–2009. The total reported harvest in 2010 was 786 salmon, which is approximately 3 times higher than the 2009 harvest, and was comprised of 675 sockeye salmon (86%), 52 coho salmon (7%), 18 chum salmon (2%), and 41 pink salmon (5%). PART ONE TABLES AND FIGURES

Table 1.–Subsistence salmon harvests by community, permit returns, Tyonek Subdistrict, 2009. Permits Reported salmon harvests Community Issued Returned King Sockeye Coho Chum Pink Total Anchorage 19 13 103 6 00 1 110 Big Lake 2 1 3 0 0 0 0 3 Eagle River 2 2 4 0 0 0 0 4 Elim 1 1 0 0 00 0 0 Kenai 1 1 24 0 00 0 24 Palmer 2 1 13 0 00 0 13 Tyonek 62 50 489 178 2582 0 927 Total 89 69 636 184 2582 1 1,081 Source ADF&G Division of Subsistence Alaska Subsistence Fisheries Database 2010.

Table 2.–Historical subsistence salmon harvests, Tyonek Subdistrict, permit returns, 1980–2009. Permits Reported salmon harvests Year Issued Returned Chinook Sockeye Coho Chum Pink Total 1980 67 67 1,757 235 0 0 0 1,992 1981 70 70 2,002 269 64 32 15 2,382 1982 69 69 1,590 310 113 4 14 2,031 1983 75 75 2,665 187 59 6 0 2,917 1984 75 75 2,200 266 79 23 3 2,571 1985 76 N/A 1,472 164 91 10 0 1,737 1986 65 N/A 1,676 203 223 46 50 2,198 1987 64 61 1,610 166 149 24 10 1,959 1988 47 42 1,587 91 253 12 8 1,951 1989 49 47 1,250 85 115 1 0 1,451 1990 42 37 781 66 352 12 20 1,231 1991 57 54 902 20 58 0 0 980 1992 57 44 907 75 234 19 7 1,242 1993 62 54 1,370 57 77 17 19 1,540 1994 58 49 770 85 101 22 0 978 1995 70 55 1,317 45 153 15 0 1,530 1996 73 49 1,039 68 137 7 21 1,272 1997 70 42 639 101 137 8 0 885 1998 74 49 1,027 163 64 2 1 1,257 1999 77 54 1,230 144 94 11 32 1,511 2000 60 59 1,157 63 87 0 6 1,313 2001 84 58 976 172 49 6 4 1,207 2002 101 71 1,080 209 115 4 9 1,417 2003 87 74 1,183 111 44 10 7 1,355 2004 97 75 1,345 93 130 0 0 1,568 2005 78 66 982 61 139 2 0 1,184 2006 82 55 943 20 14 1 0 978 2007 84 67 1,281 200 123 2 3 1,609 2008 94 77 1,178 121 194 9 13 1,515 2009 89 69 636 184 258 2 1 1,081 5-year average (2005–2009) 85 67 1,004 117 146 3 3 1,273 10-year average (2000–2009) 86 67 1,076 123 115 4 4 1,323 Historical average (1980–2009) 72 59 1,285 134 124 10 8 1,561 Source ADF&G Division of Subsistence Alaska Subsistence Fishing Database 2010. N/A = Information regarding the number of permits returned in 1985–1986 does exist; however, it was not available at the time this report was written.

Table 3.–Population estimates, Skwentna and Alexander/Susitna

Estimated population Alexander/ Year Susitna Skwentna Total 1990 40 85 125 1991 36 94 130 1992 32 109 141 1993 34 105 139 1994 36 99 135 1995 30 88 118 1996 34 82 116 1997 38 78 116 1998 37 80 117 1999 39 72 111 2000 37 111 148 2001 40 95 135 2002 36 88 124 2003 38 95 133 2004 31 82 113 2005 23 75 98 2006 24 73 97 2007 25 84 109 2008 23 79 102 2009 16 73 89 Sources For 1990–1999:ADLWD 2000; for 2000–2009: ADLWD 2010.

Table 4.–Subsistence salmon harvests by community, Upper Yentna River, 2009. Permits Estimated salmon harvest Community Issued Returned King a Sockeye Coho Chum Pink Total Anchorage 2 2 0 35 0 0 0 35 Chugiak 1 1 0 46 6 3 0 55 Skwentna 7 7 0 84 5 0 0 89 Wasilla 5 5 0 17 0 2 0 19 Willow 2 2 0 71 3 1 0 75 Total 17 17 0 253 14 6 0 273 Source ADF&G Division of Subsistence Alaska Subsistence Fishing Database 2010. a. Regulations prohibit the retention of king salmon in this fishery (5 AAC 01.593).

Table 5.–Historical personal use and subsistence salmon harvests, Upper Yentna River, 1996–2010. Permits Salmon harvest Year Issued Returned King b Sockeye Coho Chum Pink Total 1996 a 17 17 0 242 46 51 115 454 1997 a 24 21 0 549 83 10 30 672 1998 21 18 0 495 113 15 30 653 1999 18 16 0 516 48 13 18 595 2000 19 19 0 379 92 7 4 482 2001 16 15 0 545 50 4 10 608 2002 25 22 0 454 133 31 14 632 2003 19 15 0 553 67 8 2 630 2004 21 19 0 441 146 3 36 625 2005 18 17 0 177 42 25 24 268 2006 22 22 0 368 175 26 14 583 2007 22 22 0 367 66 18 17 468 2008 16 16 0 310 57 7 23 397 2009 17 17 0 253 14 6 0 273 2010 23 23 0 675 52 18 41 786 5-year average 19 19 0 295 71 16 16 398 (2004–2009) 10-year average 20 18 0 385 84 13 14 497 (1999–2009) Historical average 20 18 0 404 81 16 24 524 (1996–2009) Source ADF&G Division of Subsistence Alaska Subsistence Fishing Database 2010. a. This fishery was classified as personal use in 1996 and 1997; it has been a subsistence fishery since 1998. b. Regulations prohibit the retention of king salmon in this fishery (5 AAC 01.593).

Figure 1.–Map of the Anchorage–Matsu–Kenai Nonsubsistence Area.

Figure 2.–Harvest of king salmon by setnet in the Tyonek subdistrict subsistence fishery, baseline survey, 2006.

Figure 3.–Species composition of subsistence salmon harvest Tyonek Subdistrict subsistence salmon fishery, 2009.

Figure 4.–Total reported harvests of salmon in Tyonek Subdistrict subsistence fishery, permit returns, 1980–2009.

Figure 5.–Total reported harvests of king salmon in the Tyonek Subdistrict fishery, permit returns, 1980–2009.

Figure 6.–Harvests of king salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2006.

Figure 7.–Harvests of coho salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2005–2006.

Figure 8.–Harvests of sockeye salmon by setnet and rod and reel, Tyonek residents, baseline survey, 2006.

Figure 9.–Place of residence of Yentna River personal use and subsistence fish wheel permit holders, 1996–2010.

Figure 10.–Total harvests of salmon in the Yentna fish wheel fishery, 1996–2010. a. In 1996 and 1997, this fishery was a personal use fishery; the gear type remained the same.

PART TWO: CUSTOMARY AND TRADITIONAL USE WORKSHEET FOR THE TYONEK SUBDISTRICT PROVIDED TO THE ALASKA BOARD OF FISHERIES IN 1992

PART THREE: HISTORICAL BACKGROUND INFORMATION FOR CUSTOMARY AND TRADITIONAL USE DETERMINATION FOR THE YENTNA RIVER FISHERY ORIGINAL MATERIAL PROVIDED TO THE ALASKA BOARD OF FISHERIES, 1998

SUPREME COURT OF ALASKA: PAYTON VS STATE OF ALASKA, 1997

PAYTON DECISION IMPACT ON ALASKA BOARD OF FISHERIES C&T DETERMINATION, LANCE NELSON, ASSISTANT ATTORNEY GENERAL, 1999

SELECTIONS FROM THE SUBSISTENCE AND PERSONAL USE COMMITTEE REPORT, 1998

REFERENCES CITED ADLWD (Alaska Department of Labor and Workforce Development). 2000. Alaska population overview: 1999 estimates, Juneau. ADLWD (Alaska Department of Labor and Workforce Development). 2010. Alaska population digest: 2009 estimates. Alaska Department of Labor & Workforce Development Research and Analysis Section, Juneau. http://www.labor.state.ak.us/research/pop/popdigest.pdf Fall, J. A. 1989. The subsistence king salmon fishery at Tyonek, Alaska: A case study of Alaska's subsistence law. Anchorage. Fall, J. A., C. Brown, M. F. Turek, N. Braem, J. J. Simon, W. E. Simeone, D. L. Holen, L. Naves, L. Hutchinson- Scarborough, T. Lemons, V. Ciccone, T. M. Krieg, and D. Koster. 2009. Alaska subsistence salmon fisheries 2007 annual report. Alaska Department of Fish and Game Division of Subsistence Technical Paper No. 346, Anchorage. http://www.subsistence.adfg.state.ak.us/techpap/TP346.pdf Fall, J. A., D. J. Foster, and R. T. Stanek. 1984. The use of fish and wildlife resources in Tyonek, Alaska: Tubughna Ch'adach' Ełnen Ghuhdiłt'a. Alaska Department of Fish and Game Division of Subsistence Technical Paper No. 105, Anchorage. http://www.subsistence.adfg.state.ak.us/techpap/tp105.pdf Stanek, R. T., J. A. Fall, and D. L. Holen. 2006. West Cook Inlet ethnographic overview and assessment for Lake Clark National Park & Preserve. Lake Clark National Park and Preserve, Anchorage, and the Alaska Department of Fish and Game Division of Subsistence, Juneau. Stanek, R. T., D. L. Holen, and C. Wassillie. 2007. Harvests and uses of wild resources in Tyonek and Beluga, Alaska, 2005–2006. Alaska Department of Fish and Game Division of Subsistence Technical Paper No. 321, Juneau. http://www.subsistence.adfg.state.ak.us/techpap/TP321.pdf